Johnson v. Cain et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 . Signed by Judge Sarah S. Vance on 3/9/16.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STANLEY JULES JOHNSON

CIVIL ACTION

VERSUS

NO. 15-310

BURL CAIN, WARDEN

SECTION “R”
ORDER

Before the Court is Stanley Jules Johnson's petition for federal habeas corpus
relief.

The Magistrate Judge recommends that Johnson's petition be dismissed

without prejudice for failure to exhaust required state remedies.

The Magistrate Judge

also recommends that the motion for summary judgment filed by the Louisiana
Department of Public Safety and Corrections be denied as moot.

Having reviewed de

novo Johnson's petition,1 the record, the state's motion for summary judgment,2 the
Magistrate Judge's Report and Recommendation, 3 and Johnson's objections, 4 the
Court approves the Report and Recommendation and adopts it as its opinion.
The Magistrate Judge correctly construed Johnson's petition under 28 U.S.C. '
2241 because Johnson "is challenging the manner in which his sentence is being
executed rather than the validity of his conviction and sentence."

United States v.

Tubwell, 37 F.3d 175, 177 (5th Cir. 1994); see also Pack v. Yusuff, 218 F.3d 448, 451 (5th
1

R. Doc. 1.

2

R. Doc. 13.

3

R. Doc. 15.

4

R. Doc. 16.
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Cir. 2000).

The Magistrate Judge also correctly concluded that Johnson has failed to

exhaust available state court remedies on the claims he now asserts in his federal habeas
petition. Johnson does not challenge the precedent cited by the Magistrate Judge or
raise any arguments disputing the Magistrate Judge's analysis. Instead, he reiterates
the allegations in his complaint and contends that the State of Louisiana has "waived its
jurisdiction" over petitioner. These submissions are irrelevant to the findings of fact
and conclusions of law in the Magistrate Judge's Report and Recommendation.

9th
New Orleans, Louisiana, this ___ day of March, 2016.

_____________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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